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Judge Walker to Rule Tomorrow on Stay in Prop 8 Ruling

We'll know tomorrow morning whether gay couples can begin marrying again in California, the AP reports:

"Chief U.S. District Judge Vaughn Walker said he would issue his decision Thursday by noon on requests to impose a stay that would keep Proposition 8 in effect while its sponsors appeal his decision."

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  1. If Judge Walker allows marriages to proceed pending appeal to the Ninth Circuit, can the Ninth Circuit or the Supreme Court issue a new stay or in any way block them proceeding?

    Posted by: Jason | Aug 11, 2010 11:06:20 PM


  2. The 9th Circuit or the Supreme Court could issue a stay, but it may not matter. It all hinges on whether or not Arnold or Jerry decide to appeal or honor the stay. If not, marriages theoretically could start again even if the Supreme Court issues a stay. Although a shit storm would soon ensue.

    Posted by: Mike | Aug 11, 2010 11:19:47 PM


  3. I think that the Yes people have to show again how it would 'harm' the state to have marriages begin... and since there never was any proof of harm in the first place, it's unlikely.

    Much like the 'cameras in the courtroom' we can never underestimate the power of the spoilers.

    Posted by: stephen | Aug 11, 2010 11:27:21 PM


  4. @ Jason, yes. Part of Walker's deliberation process is/was to check with the Ninth Circuit to see if they are going to issue a stay if he lifts his (in which case he won't lift his stay) and also to see how soon the Ninth will take up this case.

    Then the Appealing Party (whoever has standing now) may ask SCOTUS (namely Kennedy who oversees the Ninth as circuit justice) to issue a stay.

    Posted by: unruly | Aug 11, 2010 11:32:26 PM


  5. whether he stays or does not stay his ruling, it pretty much doesn't matter because the defendant-intervenors will appeal to the 9th circuit court of appeals; and if that's not successful to the scotus.

    the conservative pedigree increasing with the rank of the court, the likely outcome is that walker's decision will be stayed, the marriage window will be super small if at all there, and our community again denied justice.

    though there is an argument as to the standing of whoever is appealing the ruling, this will probably just mean prolonged deliberation until that is resolved (and for the same reason as above, they'll ultimately get standing imho) and they can appeal.

    in short, it's great if he lifts the stay, but let's not get ahead of ourselves just yet. this is gonna be looooonnnnng

    Posted by: daftpunkydavid | Aug 12, 2010 12:43:05 AM


  6. I thought California government was not going to appeal and the intervenors had no legal standing in the case. Doesn't that make it a moot point?

    Posted by: Michael | Aug 12, 2010 11:27:04 AM


  7. As a Canadian I don't see what the whole broo-haha is all about. We've allowed same-sex unions/marriages/benefits/privileges for years. Time to either move forward or to Canada folks!!!

    Posted by: ASB | Aug 12, 2010 1:05:54 PM


  8. I am looking forward to the result!

    Posted by: Eeainelj | Aug 19, 2010 9:00:04 PM


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